Explore Possibility Of Having Arbitration Centre At Air India Building Near Bombay HC : Supreme Court To Maharashtra Govt

The special bench of Chief Justice DY Chandrachud, Justice BR Gavai and Justice JB Pardiwala, was hearing a suo moto petition regarding the heritage building of the Bombay High Court and the issue of additional land allotment.

The CJI asked the Advocate General Dr Birendra Saraf representing the State of Maharashtra if any deliberation has taken place for setting up the High Court's Arbitration Centre on the vacant floors of the Air India Building.

"Is there any possibility of making some floors of the Air India Building available for the purpose of Arbitration Centre?" 

 Saraf informed the Court that so far, no discussion has taken place on this aspect, however the State was earlier considering setting up an Arbitration Centre near the Bandra-Kurla Complex. However, the bench then asked the Chief Justice and the High Court's administrative committee to explore the suggested possibility along with the State officials. 

The CJI at the outset remarked that while the groundbreaking ceremony for the newly allotted Bandra Complex of the High Court was hosted recently, progress has to be made for the restoration of other buildings taken by the High Court. The Secretary General of the High Court also apprised the bench that some part of the PWD Building was propped up to ensure its safety.

Taking note of the same, the bench has requested the Chief Justice of Bombay High Court to hold a meeting with the concerned stakeholders for carrying out repairs to the PWD Building and other adjacent buildings which also house the offices of the Advocate General and government pleaders. 

"We suggest that a meeting may be held with the Chief Justice and the senior judges of the High Court in the administrative committee and the Chief Secretary and other functionaries of the State Government including the learned Advocate General, particularly having regard to the fact that some portions of the PWD and annex buildings adjacent to the High Court are in urgent need of repairing."  The bench dictated in its order 

Previously, the Court was informed that that steps for declaring the project of vital importance have already been initiated. Taking note of the same, the CJI directed the government to positively issue fresh Government Resolutions (GR). It has stated that the Government Resolution for the payment of project should be issued by September 7.

Saraf informed the Court that most of the pending GRs have now been issued by the State Government. 

The bench has now directed the AG to provide an updated status report by the last week of October on all the subsequent progress that may take place. 

Timeline Of Relevant Developments :

• On May 17, the Supreme Court directed the Maharashtra Government to release the first tranche of land in Bandra. The Court stated that the Government need not wait till December 2024 to allot the entire 9.64 acres for the High Court out of the total area of 30.16 acres allotted.
• On July 15, the Maharashtra Government informed the Supreme Court that a land parcel of 4.39 acres in Bandra would be vacated and handed over by September 10 to the Bombay High Court for the new building.
• On August 22, the Top Court issued new deadline of August 31 for the Maharashtra Government to handover the land in the Bandra Kurla Complex allotted for the new building of the Bombay High Court, considering the speedily dilapidating condition of the 150-year-old structure.

Case Details : IN RE: HERITAGE BUILDING OF THE BOMBAY HIGH COURT AND ALLOTMENT OF ADDITIONAL LANDS FOR THE HIGH COURT